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can i be fired when on sick leave

Hi Mark,

Thank you for your question.

Generally speaking, when an employer terminates an employee while they are off on sick leave, it is arguable that the reason the employee was terminated was at least due in part to the employee's disability/illness. If it can be shown that even 1% of the employer's reason for termination had something to do with the employee being off on sick leave or the employee's disability/illness, the employer would be liable to pay the employee damages for discrimination.

Furthermore, any time an employee is terminated on a without cause basis, the employee is generally entitled to notice and/or severance pay.

Given your situation, I highly recommend that you contact our firm to schedule a consultation. During the consultation we will be able to gather further information and be in a much better position to fully advise you as to your rights and entitlements.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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